Rajasthan High Court - Jodhpur

Rajasthan Marudhara Gramin Bank vs Shri Girish Chand Gupta on 6 July, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 951/2022

Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9 B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Ram Babu Gupta S/o Shri Ram Narain Gupta, R/o 1547, Gaur Bazar, Kumar Mohalla, Bassi, Dist Jaipur- 303301.

----Respondent Connected With S.B. Civil Writ Petition No. 7753/2019 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.

----Petitioner Versus

1. The Appellate Authority, Under Payment Of Gratuity Act 1972 And The Deputy Chief Labor Commissioner (Central), Ajmer.

2. Controlling Authority Under Payment Of Gratuity Act, 1972, And Assistant Labor Commissioner (Central), Ajmer (Raj.).

3. Shri Kanhaiyalal Rohin S/o Shri Vanna Ram, Through The General Secretary, Gramin Bank, Pensioners Samity, Pali.

----Respondents S.B. Civil Writ Petition No. 11351/2019 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.

----Petitioner Versus

1. The Appellate Authority Under Payment Of Gratuity Act, 1972 And The Deputy Chief Labor Commissioner (Central), Ajmer.

2. Controlling Authority Under Payment Of Gratuity Act, 1972 And Assistant Labor Commissioner (Central), Ajmer (Raj.)

3. Shri Naval Kishore Sharma S/o Shri Indra Chand Sharma, Through The General Secretary, Gramin Bank, Pensioners Samity, Pali (Raj.).

----Respondents S.B. Civil Writ Petition No. 11354/2019 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.

----Petitioner Versus

1. The Appellate Authority Under Payment Of Gratuity Act, 1972 And The Deputy Chief Labor Commissioner (Central), Ajmer.

2. Controlling Authority Under Payment Of Gratuity Act, 1972 And Assistant Labor Commissioner (Central), Ajmer (Raj.)

3. Shri Hukmi Chand S/o Shri Narayan Lal, Through The

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General Secretary, Gramin Bank, Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).

----Respondents S.B. Civil Writ Petition No. 11391/2019 Raj. Marudhara Gramin Bank, Through Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.

----Petitioner Versus

1. The Appellate Authority Under Payment Of Gratuity Act 1972, And The Deputy Chief Labor Commissioner (Central), Ajmer.

2. Controlling Authority Under Payment Of Gratuity Act, 1972, And Assistant Labor Commissioner (Central), Ajmer (Raj.)

3. Shri Laxmi Narayan Kaswan S/o Shri Chet Ram Kaswan, Through The General Secretary, Gramin Bank, Pensioners Semity, Pali.

----Respondents S.B. Civil Writ Petition No. 917/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Ram Swaroop Sharma S/o Shri Ladu Ram Sharma,., R/o Kanakpura Via. Panchyawala, Sirsi Road, Jaipur- 302034.

----Respondent S.B. Civil Writ Petition No. 923/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Ramesh Chand Verma S/o Shri Pooran Chand Verma, R/o 3062, Kalyan Ji Ka Rasta, 3Rd Crossing, Chandpole Bazar, Jaipur (Raj.).- 302021.

----Respondent S.B. Civil Writ Petition No. 924/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Suresh Kumar Gupta S/o Shri Narayan Gupta, R/o Opp. Udhyod Mandi, Amer, Distt. Jaipur- 302028.

----Respondent S.B. Civil Writ Petition No. 952/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Mahendra Singh Rathore S/o Shri Hari Singh Rathore, R/o P.no. 21, Shiv Puri-A, Satyanagar, Jhotwara, Jaipur (Raj.)

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302012.

----Respondent S.B. Civil Writ Petition No. 955/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Jai Singh Solanki S/o Shri Bal Kishan Singh Solanki, R/o B- 27, Krishna Nagar, 1St, Opp. Gandhi Nagar Mode, Tonk Road, Jaipur 302015.

----Respondent S.B. Civil Writ Petition No. 973/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Bhagwan Sahai Sharma S/o Shri Mool Chand Sharma, R/o Vill. And Post Jatwara, The. Bassi 303505.

----Respondent S.B. Civil Writ Petition No. 1216/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Ajay Kumar Mehrotra S/o Shri S.n. Mehrotra, R/o 6/125, Vijaywari, Near Teen Dukan, Sikar Road, Jaipur (Raj.) 302023.

----Respondent S.B. Civil Writ Petition No. 1246/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Murari Lal Sharma S/o Shri Ram Kishore Sharma, Opp. Sanskar School, 189/15, Shiv Colony, Dausa - 303303

----Respondent S.B. Civil Writ Petition No. 1258/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Pramod Kumar Bhati S/o Shri Rem Reaj, R/o 12-A, Ram Nagar-A, Kalwar Road, Jhotwara, Jaipur 302012.

----Respondent S.B. Civil Writ Petition No. 1260/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

                                                       ----Petitioner
                                 Versus


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Ram Babu Thathera S/o Shri Shiv Deen Thathera, R/o 1603, Natanion Ka Rasta, Sms Highway, Jaipur- 302023.

----Respondent S.B. Civil Writ Petition No. 1265/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Babu Lal Raigar S/o Shri Puni Lal, R/o Dego Road, Opp. Bus Stand, Lalsot- 303503.

----Respondent S.B. Civil Writ Petition No. 1321/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shanker Lal Meena S/o Shri Ram Sahai Meena, R/o C-3, Indra Colony, Agra Road, Dausa (Raj.)- 303303

----Respondent S.B. Civil Writ Petition No. 1337/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Damodar Prasad Gupta S/o Shri Nathu Lal Gupta, R/o Laxmi Narayan Colony, Tonga Road, Bassi, Distt. Jaipur (Raj.)- 303301.

----Respondent S.B. Civil Writ Petition No. 1339/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Kailash Chand Sharma S/o Shri Prabhu Dayal Sharma, R/o E- 519, Near Surksha Hospital, Bank Colony, Murlipura, Jaipur- 302039.

----Respondent S.B. Civil Writ Petition No. 1418/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Raj Kumar Kodiwal S/o Shri Kanhaiya Lal Jain, R/o 2406, Kodiwal Bhawan, Ghee Walaon Ka Rasta, Johri Bazar, Jaipur (Raj.)- 302003.

----Respondent S.B. Civil Writ Petition No. 1426/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

                                                       ----Petitioner


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                                 Versus

Shri Girish Chand Gupta S/o Shri B.m. Gupta, R/o 41/44, Varun Path, Mansarovar, Jaipur-302020.

----Respondent S.B. Civil Writ Petition No. 1434/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Ashok Kumar Sharma S/o Shri C.d. Sharma, R/o 302, Chatra Cehhya, B- 148, Mangal Marg, Bapu Nagar, Jaipur (Raj.)- 302015

----Respondent S.B. Civil Writ Petition No. 1436/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Chhitar Mal Chopra S/o Shri Suwa Lal, 378, Officers Campus Extension, D-Block, Near Milan Restaurant, Sirsi Road, Khatipura, Jaipur (Raj.) 302012

----Respondent S.B. Civil Writ Petition No. 1474/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Virendra Singh Chouhan S/o Shri Kishan Singh, R/o E- 431, Murlipura Scheme, Jaipur (Raj.)- 302039.

----Respondent S.B. Civil Writ Petition No. 1483/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Girish Chand Pareek S/o Shri Gulab Chand Pareek, R/o Bhatwa, Via Jobner, Distt. Jaipur (Raj.) - 303328

----Respondent S.B. Civil Writ Petition No. 1488/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Janardan Mathur S/o Late Shri Gopi Kishan Mathur, 73/9A, Paramhans Marg, Shipra Path, Mansarovar, Jaipur (Raj.) 302020

----Respondent S.B. Civil Writ Petition No. 1513/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

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                                                               ----Petitioner
                                 Versus

Shri Suwa Lal Shivran S/o Shri Nanda Ram Shivran, 1(16), Choudhary Bhawan, Chitrakoot Colony, Kalwar Road, Jaipur (Raj.) 302012

----Respondent S.B. Civil Writ Petition No. 1616/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Net Ram Sahran S/o Shri Luna Ram Sahran, R/o 55, Niwaru Road, Jhotwara, Jaipur (Raj.)

----Respondent S.B. Civil Writ Petition No. 1924/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Poonam Chand Sharma S/o Shri Ratan Lal, R/o House No. 11/677, Chopasni Housing Board, Jodhpur (Raj.) 342003.

----Respondent S.B. Civil Writ Petition No. 1957/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Labh Shankar Bhati S/o Shri Babu Lal Mangal, House No. 146, Baldev Nagar, Jodhpur, (Raj.)- 342003

----Respondent S.B. Civil Writ Petition No. 1973/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Shivraj Singh Shekhawat S/o Shri Samudra Singh, 122, Shikshak Colony, Gali No. 5, Opp. Chopasani School, Jodhpur (Raj.) 342008.

----Respondent S.B. Civil Writ Petition No. 1974/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Ayodhya Sharan Sharma S/o Shri Suwa Lal, R/o Garh Colony, Ward No. 17, Kotputli, Jaipur - 303108.

----Respondent S.B. Civil Writ Petition No. 1987/2022

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Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Vinod Kumar Sharma S/o Shri Narayan, R/o 3062, Mahesh Nagar, Kishangarh, Renwal, Jaipur- 303606.

----Respondent S.B. Civil Writ Petition No. 2016/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Jatti Ram Meena S/o Shri Jai Narayan Meena, R/o Plot No. 14, Opp. Shastri Park, Nasiya Colony, Gangapur City, Distt. Sawaimadhopur (Raj.).

----Respondent S.B. Civil Writ Petition No. 2055/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Vijay Kumar Sastri S/o Late Shri G.s. Sastri, R/o Janta Colony, Jaipur (Raj.) - 302004.

----Respondent S.B. Civil Writ Petition No. 2368/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Thb Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Jagdish Prasad Nai S/o Mali Ram Nai, E-267, Murlipura Scheme, Jaipur (Raj.) - 302039

----Respondent S.B. Civil Writ Petition No. 2764/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Pukhraj Soni S/o Prabhu Lal Soni, 8-C, Ganpati Nagar, Near Palak Paradise Hotel, Jhotwara, Jaipur-302012

----Respondent S.B. Civil Writ Petition No. 2768/2022 Rajasthan Marudhar Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Nanu Ram Mourya S/o Bhoma Ram Mourya, R/o 74, Brij Mandal Colony, Panditji Ki Thadi Ke Pas, Kalwar Road, Jaipur.

                                                     ----Respondent



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S.B. Civil Writ Petition No. 2932/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Murlidhar Sharma S/o Shri Suwa Lal, R/o 141, Devghara Colony, Murlipura Scheme, Sikar Road, Jaipur 302039.

----Respondent S.B. Civil Writ Petition No. 4987/2022 Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus Shri Jagdish Narayan Raigar S/o Shri Bhagirath Mal, B-76-A, Shyam Mitra Mandal Nagar, Opp. Road No. 5, Murlipura, Jaipur (Raj.). 302023

----Respondent

For Petitioner(s) : Mr. Bhavit Sharma.

Mr. Rahul Bathi.

For Respondent(s) : Mr. M.S. Rathore.

Mr. S.P. Sharma.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

06/07/2022

Learned counsel for the petitioner submits that the issue

raised in the present writ petition is squarely covered by Division

Bench judgment in Rajasthan Marudhara Gramin Bank Vs. The

Appellate Authority under the Payment of Gratuity Act & Ors.:

D.B. Spl. Appl. Writ No.561/2020, decided on 05.01.2022,

wherein, the Division Bench while allowing the special appeal has

set aside the order passed by the learned Single Judge and that of

the Controlling Authority & the Appellate Authority and it was

directed that the amount deposited by the Bank before the Court

or Authorities, shall be returned back to the Bank.

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Learned counsel for the respondents do not dispute that the

issue, as raised, is covered by the order passed by the Division

Bench. However, submissions have been made that the judgment

on the issue delivered by Madhya Pradesh High Court has not

been taken into consideration and that against the Division Bench

judgment, similarly placed respondents have approached the

Hon'ble Supreme Court.

In the case of Rajasthan Marudhara Gramin Bank (supra),

the Division Bench inter-alia directed as under:-

"34. Since we have held the central issue in favour of the Bank, it is not necessary to go into the question of delay at the hands of the officers in approaching the competent authority, which was ignored without filing the applications for condonation. We may, however, briefly observe that the Appellate Authority and the learned Single Judge were correct in reversing the decision of the Competent Authority in relation to its interpretation on additional benefit payable to a retiring officer having more than 30 years of service. Such benefit as per the correct interpretation of the regulation would be additional amount calculated at the rate of one half month's pay for every completed year of service beyond 30 years. This is quite besides the question whether the officers without filing independent writ petitions challenging the order of the Appellate Authority, could have agitated this issue before the learned Single Judge by raising it in a reply.

35. In the result, all the appeals are allowed. Resultantly, the judgment of the learned Single Judge and the orders passed by the Controlling Authority as well as the Appellate Authority are set aside. If the bank has deposited any amount before this court or the Authorities under the Act of 1972 pursuant to the impugned orders and judgment, the same shall be returned to the bank."

The issue as raised in the present petition is squarely

covered by the Division Bench judgment. Insofar as, the plea

raised about non-consideration of judgment of Madhya Pradesh

High Court and the fact that against the said Division Bench

judgment, the respondents therein, have approached the Hon'ble

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Supreme Court, cannot be a reason enough not to follow the

Division Bench judgment of this Court.

Consequently, following the judgment in the case of

Rajasthan Marudhara Gramin Bank (supra), the writ petitions filed

by the petitioner-Bank are allowed. The orders passed by the

controlling authority as well as the Appellate Authority are set-